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Session Laws, 1984
Volume 759, Page 1356   View pdf image
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1356

LAWS OF MARYLAND

Ch. 284

(1)  A PERSON OR GOVERNMENTAL UNIT THAT WISHES TO
INSPECT A PUBLIC RECORD SHALL SUBMIT A WRITTEN APPLICATION TO THE
CUSTODIAN.

(2)  IF THE INDIVIDUAL TO WHOM THE APPLICATION IS
SUBMITTED IS NOT THE CUSTODIAN OF THE PUBLIC RECORD, WITHIN 10
WORKING DAYS AFTER RECEIVING THE APPLICATION, THE INDIVIDUAL
SHALL GIVE THE APPLICANT:

(I)  NOTICE OF THAT FACT; AND

(II)  IF KNOWN:

1.  THE NAME OF THE CUSTODIAN; AND

2.  THE LOCATION OR POSSIBLE LOCATION OF
THE PUBLIC RECORD.

(B) GRANT OR DENIAL BY CUSTODIAN.

(1)  WITHIN 30 DAYS AFTER RECEIVING AN APPLICATION,
THE CUSTODIAN SHALL GRANT OR DENY THE APPLICATION.

(2)  A CUSTODIAN WHO APPROVES THE APPLICATION SHALL
PRODUCE THE PUBLIC RECORD IMMEDIATELY OR WITHIN THE REASONABLE
PERIOD THAT IS NEEDED TO RETRIEVE THE PUBLIC RECORD, BUT NOT TO
EXCEED 30 DAYS AFTER RECEIPT OF THE APPLICATION.

(3)  A CUSTODIAN WHO DENIES THE APPLICATION SHALL:

(I)  IMMEDIATELY NOTIFY THE APPLICANT;

(II)  WITHIN 10 WORKING DAYS, GIVE THE APPLICANT
A WRITTEN STATEMENT THAT GIVES:

1.  THE REASONS FOR THE DENIAL;

2.  THE LEGAL AUTHORITY FOR THE DENIAL;
AND

3.  NOTICE OF THE REMEDIES UNDER THIS PART
III OF THIS SUBTITLE FOR REVIEW OF THE DENIAL; AND

(III)  PERMIT INSPECTION OF ANY PART OF THE
RECORD THAT IS SUBJECT TO INSPECTION AND IS REASONABLY SEVERABLE.

(4)  WITH THE CONSENT OF THE APPLICANT, ANY TIME LIMIT
IMPOSED UNDER THIS SUBSECTION MAY BE EXTENDED FOR NOT MORE THAN
30 DAYS.

REVISOR'S NOTE: Subsection (a)(1) of this section is new
language added to state expressly that a written
application is needed. This addition is based on the
numerous former references to a "written request" or a
"written application".

 

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Session Laws, 1984
Volume 759, Page 1356   View pdf image
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